HomeMy WebLinkAboutChapter 664: Stormwater Management[illegible] History File Chapter 664
Briley, Wild FILE COPY
and Associates
Consulting Engineers And Planners
November 11, 1988
CC 1110-P
Mr. Leo C. Nicholas
City Manager
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, Florida 32920
Re: Review of the "Model Stormwater Management Ordinance for the Indian River Lagoon Basins"
Dear Mr. Nicholas:
We have reviewed the referenced model stormwater management ordinance. It appears that whoever
assembled this proposed ordinance did their homework for it encompasses every facet of stormwater
management. The proposed ordinance would augment the City's current stormwater management
criteria, especially in the maintenance aspect and enforcement of same.
Our only comments on this review are positive. We would recommend that someone from the City attend
the upcoming meeting of November 30, 1988, such that the City would be kept aware of the progress of
this ordinance.
Very truly yours,
BRILEY, WILD &ASSOCIATES, INC.
CONSULTING ENGINEERS& PLANNERS
[signature]
Scott R. Spooner, .E
Project Manager
SRS/mk
P.O. Box 607 • Ormond Beach, Florida 32074-0607 • 904-672-5660
Offices in Ormond Beach, Daytona Beach. Clearwater, and Bradenton
Codified May 1990 LDR •
ORDINANCE NO. 4-90
AN ORDINANCE ESTABLISHING CHAFFER 664, STORMWATER
MANAGEMENT IN THE CITY OF CAPE CANAVERAL,
FLORIDA,REQUIRING STORMWATER MANAGEMENT PLANS
FOR NEW DEVELOPMENT WITHIN THE CITY; ESTABLISHING
PERMITTING PROCEDURES FOR STORMWATER MANAGEMENT
SYSTEMS; PROVIDING FOR IMPLEMENTATION AND
ENFORCEMENT BY ESTABLISHING FEES AND ALLOWING FOR FINES
AND PENALTIES FOR NON-COMPLIANCE;PROVIDING FOR
SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN
CONFLICT HEREWITH,AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral finds that unmanaged stormwater
and development of land has a significant impact upon the health, safety, and
welfare of the citizens of the City;
WHEREAS, improperly managed stormwater runoff carries pollutants
into the Banana River Lagoon System and other surface water bodies, thereby
degrading water quality; and
WHEREAS, improperly channel stormwater causes an increase in the
velocity of runoff, thereby increasing erosion and sedimentation; and
WHEREAS, construction requiring the alteration of natural topography
and removal of vegetation may increase erosion; and
WHEREAS, siltation of the Banana River Lagoon and other water bodies,
resulting from increased erosion, decreases the system's natural capacity to
hold and transport water, interferes with navigation, and usually impacts
flora and fauna; and
WHEREAS, improperly managed stormwater runoff may increase the
incidence and severity of flooding and endanger property and human life; and
WHEREAS, stormwater runoff often contains nutrients, such as
phosphorus and nitrogen, which adversely affect flora and fauna by
accelerating eutrophication of receiving waters; and
WHEREAS, stormwater runoff may interfere with the maintenance of
optimum salinity in the Banana River Lagoon System, thereby potentially
disrupting biological productivity and commercial and recreational fisheries;
and
WHEREAS, eighty to ninety-five percent of the total annual loading of
most stormwater pollutants that discharge into receiving waters are
concentrated in the runoff created by the first one inch of rainfall, and
carried off-site in the first one-half inch of runoff; and
WHEREAS, the Banana River Lagoon region is dependent upon clean,
clear, and unpolluted water for economic stability; and
WHEREAS, some waters within the Banana River Lagoon System have
been declared Aquatic Preserves and Outstanding Florida Waters and should
not be degraded below the conditions existing at the time of designation; and
WHEREAS, impervious surfaces increase the quantity and velocity of
surface runoff, meaning that less water percolates into the soil, and recharge
of ground water is thereby decreased; and
WHEREAS, rainfall, and subsequent stormwater infiltration, is the
natural method for recharging ground water and the freshwater lens which
sustains the health and survival of upland flora and fauna; now therefore,
NOW THEREFORE, BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows:
ORDINANCE NO. 4-90
PAGE 1 OF 13
STORMWATER MANAGEMENT
CHAPTER 664
STORMWATER MANAGEMENT
664.01. Purpose and Intent,
This Chapter addresses stormwater management in order to protect,
maintain, and enhance the health, safety, ang4 ge al welfare of the citizens
of Cape Canaveral. The intent of this Chapter to protect surface water,
ground water, and other natural resources by ensuring that stormwater
runoff peak discharge rates, volumes, and pollutant loadings are no greater
after development than before, and that precautions are taken to prevent
erosion, sedimentation, flooding, and water pollution. [Ord. No. 4-90, §1,
24 Jan 90]
664.03 Definitions.
For the purposes of this Chapter, the following definitions shall apply:
BEST MANAGEMENT PRACTICE means a practice or combination thereof that are
the most effective, practical means of preventing or reducing the amount of
pollution generated by a project to a level compatible with Florida water
quality standards found in Chapter 17-3 and Chapter 17-4 F.A.C.
Do not do definitions in caps
CLEARING means the removal of vegetation from land, not including the
mowing of grass.
CONSTRUCTION means any on-site activity which will result in the change of
natural or existing drainage patterns, including alteration of existing
contours, erection of buildings or other structures, or land clearing.
CONTROL ELEVATION means the lowest elevation at which water can be released
through the discharge structure.
CONTROL STRUCTURE means the element of a stormwater discharge structure
which allows the gradual release of water under regulated conditions.
DETENTION means the gradual and controlled delay of stormwater runoff
discharge into receiving waters.
DEVELOPMENT means: the construction, installation, demolition or removal of a
structure, impervious surface, or drainage facility; or clearing, scraping,
grubbing, killing, or otherwise removing vegetation; or adding, removing,
exposing, excavating, leveling, grading, digging, furrowing, dumping, piling,
dredging, or otherwise significantly disturbing or altering soil, mud, sand or
rock; or the modification or redevelopment of a site.
DIRECT DISCHARGE means discharge of stormwater through a control structure
directly to the receiving water body.
DISCHARGE means the outflow of water from a project, site, aquifer, drainage
basin, or facility.
DISCHARGE POINT means the approved point, location, or structure where
stormwater runoff discharges from a storm sewer or stormwater management
system to a receiving conveyance facility or body of water.
DISCHARGE RATE means the volume of fluid per unit time leaving a site.
DISCHARGE STRUCTURE means a structural device through or over which
water is discharged from a stormwater management system.
DRY DETENTION means the temporary delay of stormwater runoff by a
structure for water quantity requirements, prior to discharge into receiving
waters.
DRY RETENTION means a water storage area with a bottom elevation at least two
feet or more above the wet season water table. Retention storage percolates
into the ground and evaporates instead of being discharged to receiving
waters.
ORDINANCE NO. 4-90
PAGE 2 OF 13
ENFORCEMENT OFFICER means the City Building Official.
EXFILTRATION means on-site retention of stormwater accomplished below
ground.
HYDROGRAPH means a graph showing discharge over time for a selected
outfall point or drainage way.
HYDROPERIOD means the cyclical changes in the amount or stage of water in
an aqueous habitat.
IMPERVIOUS SURFACE means a surface which is highly resistant to infiltration
by water.
INDIRECT DISCHARGE means discharge of stormwater from a system by a means
other than a control structure.
LAND means the earth that lies above mean high tide for land subject to tidal
inundation and mean high water for freshwater bodies of water.
OFF LINE TREATMENT means a treatment facility, such as retention, detention
with filtration, or wet detention, which receives the treatment volume only
via a diversion structure; runoff in excess of the treatment volume bypasses
the off-line facility.
PERSON means an individual, firm, corporation, government, trust,
partnership, association, group, or other legal entity.
PERVIOUS refers to any material which is permeable or capable of being easily
penetrated by water.
PREDEVELOPMENT CONDITION FOR STORMWATER RUNOFF means topography,
vegetation, rate, volume, direction and pollution load of surface or ground
water flow existing prior to development.
PROJECT INITIATION means all acts antecedent to actual construction activities.
RECHARGE means net downward percolation of water to an aquifer.
RECORD DRAWINGS means the amended site plans specifying the locations,
dimensions, elevations, capacities and capabilities of facilities as constructed.
Such drawings must be signed and sealed by a Florida-registered professional
engineer and submitted to the City Building Department prior to project
completion.
RETENTION means to prevent stormwater runoff from leaving the project site
and discharging into receiving waters.
RETROFITTING means improving the quality of stormwater runoff through
changes in the existing stormwater management system.
SEDIMENT FACILITY means any structure or area which is designed
to retain runoff until suspended sediments have settled.
SITE PLAN means the plan documents which show the means by which the
development will conform with applicable City requirements.
SPREADER SWALE means a depression positioned parallel to the receiving
water body which allows for indirect discharge of stormwater which is in
excess of the retained or detained volume.
STORMWATER MANAGEMENT PLAN means the detailed analysis which describes
how the proposed stormwater management system for a development has been
planned, designed, and will be constructed to meet applicable City
requirements.
STORMWATER MANAGEMENT SYSTEM means the designed features of a property
which collect, convey, channel, hold, inhibit or divert the movement of
stormwater to insure its proper treatment and storage.
ORDINANCE NO. 4-90
PAGE 3 OF 13
SWALE means a manmade depression which:
A. has a minimum width to depth ratio at its top of 6:1; or a minimum side
slopes horizontal/vertical ratio of 3:1; and
B. contains contiguous areas of standing or flowing water only
following a rainfall event; and
C. is planted with or has stabilized vegetation suitable for soil
stabilization, stormwater treatment, and nutrient uptake; and
D. is designed to take into account the soil erodibility, soil percolation,
slope, slope length, and drainage area so as to prevent erosion and reduce
pollutant concentration of any discharge.
VEGETATED BUFFER STRIP means areas retained in their natural state or
replanted along the banks of watercourses, water bodies, or wetlands. The
width of the buffer should be sufficient to prevent erosion, trap the sediment
in overland runoff, provide access to the water body, and allow for periodic
flooding without damage to structures.
WATERCOURSE means any natural or artificial stream, creek, slough, channel,
ditch, canal, waterway, gully, ravine, or wash in which water flows in a
definite direction and which has a definite physical channel, bed or banks.
WATER DETENTION FACILITY means a stormwater management facility which
provides for the delaying of stormwater runoff.
WATER RETENTION FACILITY means a stormwater management facility which,
through percolation, evaporation, or evapotranspiration, prevents direct
discharge of stormwater runoff into receiving waters.
WET DETENTION means a stormwater management system that includes a
permanent water pool, a shallow littoral zone with aquatic plants and capacity
to provide detention for the extended time needed to treat the required volume.
WETLANDS means those areas saturated by surface or groundwater at a
frequency and duration sufficient to support a dominance of vegetation
adapted for saturated soil conditions as specified in the Rules of the Florida
Department of Environmental Regulation, Chapter 17-3022.
WET SEASON WATER TABLE means the ground water level during the time of
year when the greatest amount of rainfall occurs. [Ord. No. 4-90, §1, 25 Jan 90]
664.05 Relationship to Other Stormwater Management Requirements,
In addition to meeting the requirements of this Chapter the design and
performance of all stormwater management systems shall comply with
applicable State of Florida regulations (Chapter 17-25, F.A.C.) and rules of the
St. Johns River Water Management District. In all cases the strictest of
applicable standards shall apply. [Ord. No. 4-90, §1, 25 Jan 90]
664.07 Status of Previous Approvals,
Projects with unexpired development plans or development orders which were
approved prior to the effective of this Chapter are not subject to the
requirements of this Chapter they must meet only those stormwater requirements in
effect at the time of project approval. [Oeg. No 4-90, §1, 25 Jan 90]
664.09 Prohibitions; Permit,
No person may subdivide or make any changes in the use of land or build or
rebuild a structure or change its size, except as hereinafter exempt, without
first obtaining a permit from a - City of Cape Canaveral Building Department
as provided herein.
Since the following activities may alter or disrupt existing stormwater runoff
patterns, they shall, unless exempt pursuant to Section 664.11 hereof, require
the issuance of a City permit prior to onset by paying a scheduled fee as
established by resolution of the City Council.
ORDINANCE NO. 4-90
PAGE 4 OF 13
A. Clearance or drainage of land.
B. Conversion of land use from agricultural to non-agricultural;
C. Conversion from one agricultural use to another;
D. Land subdivision;
E. Replats of recorded subdivisions, and development or any subdivision;
F. Changing a land use; building a structure; or changing the size of a
structure;
G. Alteration of the shoreline or banks of a surface water body;
H. Alteration of ditches, terraces, berms, swales, or other stormwater
management facilities;
I. Increasing the impervious area of any unit of land;
J. Moving of earth from or on any unit of land
K. Permanent lowering of a water table. [Ord. No. 4-90, §1, 25 Jan 90]
664.11 Exemptions.
The following activities shall be exempt from the permitting requirements of
Section 664.09 of this Chapter.
A. Maintenance performed on existing mosquito control drainage structures
provided that it does not increase the peak discharge rate or pollution load;
B. Maintenance of stormwater structures which does not change: the design
peak discharge rate, volume, or pollution load of runoff; on-site storage
capacity; or erosion from the site;
C. Single-family and duplex homes in a subdivision which has an approved
stormwater management system. However, this does not exempt such sites from
the retrofitting requirements in an approved retrofitting target area.
D. Any development within a subdivision if all of the following conditions are
met:
1. Stormwater management provisions for the subdivision were
previously approved by the City and remain valid as part of a final plat;
2. The development is conducted in complete accordance with the
stormwater management provisions submitted with the final plat.
E. Bona fide agricultural pursuits, for which a program of Best Management
Practices has been approved and accordingly implemented by the local Soil
and Water Conservation District or the St. Johns River Water Management
District.
F. Emergency Exemptions:
1. This Chapter shall not be construed to prevent any act
otherwise lawful and necessary to prevent material harm to property as a
result of a present emergency, including, but not limited to, fire, infestation
by pests, hazards resulting from storms or hurricanes, or when property is in
imminent peril, and the necessity of obtaining a permit is impractical and
would cause undue hardship in the protection of the property.
2. A report of any such emergency action shall be made to the Building
Official of the City by the owner or person in control of the property upon
which the emergency action was taken; this report shall be made as soon as
practicable, but in no event more than 10 days following the action. Remedial
measures may be required by the Building Official. Ord. [Ord. No. 4-90, §1, 25 Jan 90]
ORDINANCE NO. 4-90
PAGE 5 OF 13
664.13 Performance Standards.
Computations should consider the duration, frequency, and intensity of
rainfall, wet season water table, anteceytdent moisture conditions, soil type and
surface storage, time of concentration, tailwater conditions, changes in land
use or land cover, and any changes in topography and hydraulic
characteristics. Large systems should be divided into sub-basins according to
artificial or natural drainage divides to allow for more accurate hydraulic
simulations. Examples of acceptable methodologies for computation of runoff
hydrograph are: Santa Barbara Urban Hydrograph Method; Soil Conservation
Service Curve Number and Unit Hydrograph (TR-20 and TR-55); and U.S. Army
Corps of Engineers HEC-1 Computer Program. The methodology to be used for
computation of runoff for water quality requirements is the Rational Method.
[Ord. No. 4-90, §1, 25 Jan 90]
A. Rainfall Intensity
In determining peak discharge rates, intensity of rainfall values shall be
obtained through a statistical analysis of historical long term rainfall data or
from sources or methods generally accepted as good engineering practice.
Examples of acceptable sources include:
1. USDA Soil Conservation Service, "Rainfall Frequency Atlas of
Alabama, Florida, Georgia, and South Carolina for Duration from 30 Minutes to
24 Hours and Return Periods from 1 to 100 Years", January, 1978, Gainesville,
Florida.
2. U.S. Weather Bureau Technical Paper No. 49.
3. U.S. Weather Bureau Technical Paper No. 40.
B. Water Quantity Requirements.
All stormwater management systems will be evaluated on their ability to
prevent flooding and to prevent negative impacts on the watershed basin and
natural systems.
1. Peak Discharge
A. The post-development peak rate of discharge must not exceed the
pre-development rate for the 25-year/24 hour and the 5-year/24 hour storms.
B. For retention basins with no positive outfall, the 100-year/24
hour design storm shall be used.
C. For aggregate discharger where multiple off-site discharges to
the same receiving water body are designed to occur, the total post-
development peak discharge shall not exceed the total pre-development level.
2. Discharge Volume
A. The post-development volume of direct runoff must not exceed
the pre-development level for a 25-year/24 hour storm event. For discharge to
landlocked receiving water bodies, volume requirements must be met for a 25-
year/96 hour design storm.
3. Floodplain Storage and Conveyance
A. Floodways and floodplains, and levels of flood flows or velocities
of water courses must not be altered so as to adversely impact the off-site
storage or conveyance capabilities of the water resources.
B. A stormwater management system shall not cause a net reduction
in flood storage capacity within the 25-year floodplain or floodplain bank. And
such a system shall not encroach within the limits of a floodway adopted by
ordinance or cause a reduction in the flood conveyance capabilities of the 100-
year flood plain.
ORDINANCE NO. 4-90
PAGE 6 OF 13
C. Water Quality Requirements .
tormwater management systems will be evaluated based on the ability of the
system to prevent degradation of receiving waters, to prevent adverse impacts
on the site's natural systems, to remove pollutants, and to conform to State
water quality standards, as set forth in Chapters 17-3 and 17-4, F.A.C.
)10
The following criteria are ased on the principle that the first flush of runoff
contains the majority of the pollutants and that pollutant removal efficiencies
differ according to the method of stormwater management and land use.
14 Retention and Wet Detention Requirements: Retention and wet
detention in the overall system shall be provided for the "first flush" removal
of pollutants with one of the two following criteria or equivalent combinations
thereof:
a. Wet detention treatment volume shall be the first inch of
runoff from the developed project and offsite areas draining into the
treatment facility, or the total runoff of 2.5 inches times the percentage of
imperviousness, whichever is greater. No more than one-half the volume may
be discharged in the first sixty hours. The volume in the permanent pool must
provide for a residence time of at least fourteen days. A littoral shelf shall be
provided by extending and gently sloping the sides of the facility (at least 6.1)
out to a point 2-3 feet below the normal water level or control elevations.
b. Retention volume shall be provided equal to 50 percent of the
above amounts computed for wet detention or runoff from the first inch of
rainfall, whichever is greater. The storage must be recovered within 72 hours
following rainfall.
2 Intense Land Uses:
a. Commercial or industrial projects shall provide at least onc-
half inch of pretreatment dry detention or retention.
b. Stormwater discharge facilities which receive stormwater
from areas with greater than 50 percent impervious surface or which are a
potential source of oil and grease contamination in concentrations exceeding
applicable water quality standards shall include a baffle, skimmer, grease trap,
or other mechanism suitable for preventing oil and grease from leaving the
discharge facility in concentrations that would contribute to violations of said
water quality standards.
3. Credit for Systems with Inlets in Grassed Areas: Systems with inlets
in grassed areas will be credited with up to 0.2 inches of the required wet
detention amount for the contributing areas. Full credit will be based on an
impervious area to pervious area ratio of 1:10, with proportional credit granted
for greater ratios. .
4. Area of Special Concern: All projects which discharge directly into
the Ban na River Lagoon or any watercourse connecting with same shall
include an additional level of treatment equal to 50% of the regular treatment
criteria; shall provide off-line treatment of the first one-half inch of runoff;
and shall utilize a trash collection device in the stormwater management
system.
5. Single-Family and Duplex Sites: Facilities to accommodate only one
single-family or duplex unit, unless included in the Section on Exemptions,
shall provide on-site treatment equal to one-half inch of runoff over the
entire site. Prior to issuance of a building permit for such sites, a stormwater
permit must be approved by the Building Official. [Ord. No. 4-90, §1, 25 Jan 90]
664.15 Design Standards.
To comply with the foregoing performance standards any proposed
stormwater management system shall conform to the following design
standards:
ORD. NO. 4-90
Page 7 of 13
A. Detention and retention systems shall be designed in accordance
with criteria determined by the City Engineer.
B. During construction best management practices shall be used as
necessary for on-site erosion and sediment control. These practices shall be
designed by a competent professional experienced in soil conservation or
sediment control; said practices shall be designed to address site specific
conditions and shall be noted on the stormwater management plans. The
designer shall provide the contractor with instructions pertaining to the
implementation of these practices.
C. In watershed areas covered by a Stormwater Management Master
Plan adopted either by Brevard County or the City, all proposed facilities must
be consistent with that Master Plan.
D. Runoff from impervious areas shall be directed to retention areas,
detention devices, and/or filtering and cleansing devices, and it shall be
subject to a best management practice prior to discharge from the project site.
Where practical, swales should be used instead of curb and gutter. For projects
which include substantial paved areas, provisions shall be made for the
removal of oil, grease, and sediment from the discharge.
E. Configurations which create stagnant water conditions, such as dead-
end canals, are prohibited, regardless of the type of development.
F. A proposed stormwater management system shall be designed to
accommodate both the stormwater originating within the development and
that which flows onto the development from off-site.
G. A proposed stormwater management system shall be designed to
function properly, considering proper maintenance, for as long as stormwater
impacts it.
H. Design and construction of a proposed stormwater management
system shall be certified as meeting the requirements of this Ord' ance by a
Florida-registered professional engineer.
I. No surface water may be channeled or directed into a sanitary sewer.
J. A proposed stormwater management system shall be compatible with
the drainage systems on adjacent properties or streets, taking into account the
possibility that substandard systems may be improved in the future. The
following coordination mechanisms shall be explored: master drainage plan
for watershed sub-basins, coordinated planned improvements with affected
agencies and land owners, and cooperative retrofitting programs.
K. The banks of detention and retention areas shall have a maximum
horizontal to vertical slope of 6:1. In wet detention ponds, this slope shall
extend two feet below the controlled water level to accommodate the planting
of appropriate native vegetation.
L. Dredging, clearing, deepening, widening, straightening, stabilizing
or otherwise altering natural surface waters shall be minimized in the overall
drainage plan.
M. For aesthetic reasons and to increase shoreline habitat, the
shoreline of detention and retention areas shall be sinuous rather than
straight.
N. Natural surface waters shall not be used as sediment traps during or
after development.
O. Water reuse and conservation shall be promoted by incorporating
the stormwater management system with any irrigation system serving a
development.
P. Native vegetation buffers of sufficient width to prevent erosion shall
be retained or created along the edges of all surface waters.
Q. In phased developments the stormwater management system for each
phase shall be, at least temporarily, functionally independent.
ORDINANCE NO. 4-90
PAGE 8 OF 13
R. The responsible party for stormwater discharge facilities
constructed to accept stormwater from multiple parcels within the facility
drainage area shall notify the City annually of the discharge volumes from all
new parcels which have been allowed to discharge into the facility and shall
certify that the maximum allowable treatment volume has not been exceeded.
S. Construction methods and materials shall meet the minimum criteria
established in the City Building Codes, or as determined by the City Engineer
and the Florida DOT, as appropriate.
T. The control elevation must be above the wet season elevation of the
receiving waters. [Ord. No. 4-90, §1, 25 Jan 90]
664.17 Stormwater Management Information to be Submitted,
A. General Requirements: A development plan or application for
Stormwater Permit shall contain sufficient information to allow the City
Engineer to determine whether the development plan meets the requirements
of this Chapter. Information may be in the form of construction plans,
maps, graphs, charts, tables, photographs, narrative, or supporting
references, as appropriate.
B. Supporting Requirements: The following information shall be
submitted as part of the development plan or application for Stormwater
Permit:
1. A recent aerial photograph taken not more than three years
before the date of application, which encompasses the project area and all land
areas which contribute to the runoff flow. The scale shall not exceed one inch
equals 2000 feet.
2. A topographic map of the site clearly showing the location,
identification, and elevation of bench marks, including at least one bench
mark for each major water control structure. Unless otherwise approved by
the City Engineer, the minimum contour interval of the topography map shall
be one foot. The map shall be signed and sealed by a registered surveyor.
3. A detailed overall project area map showing existing
hydrography and runoff patterns, and the size, location, topography, and land
use of any off-site areas that drain onto or from the project area. The scale
shall not exceed 1 inch equals 200 feet and shall be prepared on a 24-inch by
36-inch sheet.
4. A current land use map.
5. A soils map of the site.
6. Specify the seasonal high water table and low water table
elevations.
7. A map of vegetative cover, including adjacent wetlands.
8. A map showing the location of all soil borings or percolation
tests. Percolation tests shall be conducted if the stormwater management
system will use swales,percolation filtration, or exfiltration designs.
9. A map showing the flood hazard classification of the project
site and its immediate environs.
10. Grading plans specifically including perimeter grading.
11. Paving, road and building plans showing the location,
dimensions, and specifications of roads and buildings (including elevations).
12. An erosion and sedimentation control plan that describes the
type and location of control measures, the timing of their implementation, and
maintenance provisions.
13. The description, assumptions, and calculations of the
proposed stormwater management system, including:
ORDINANCE NO. 4-90
PAGE 9 OF 13
a. Channel, direction, flow rate, and volume of stormwater
inputs and outputs for the site, with a comparison to natural or existing
conditions.
b. Detention and retention areas, indicating wet or dry,
including plans for the discharge of contained waters, maintenance plans, and
predictions of surface water quality changes.
c .Areas of the site to be used or reserved for percolation,
including an assessment of the impact on ground water quality.
d. Location of all water bodies to be included in the surface
water management system (natural and artificial) with details of
hydrography, side slopes, depths, cross-sections, and water surface elevations
and hydrographs.
e. Any off-site easements required for the proper
functioning of the system.
f. Identify drainage basin or watershed boundaries and
show where off-site waters are routed onto or around the project.
g. Right-of-way and easements for the system, including
locations and a statement of the nature of the reservation for all areas to be
reserved.
h.The location of off-site water resource facilities, such as
surface water management systems or wells that might be affected by the
proposed project, showing the names and addresses of the owners of the
facilities.
14. Storm sewer tabulations including, but not limited to, the
following:
a. Locations and types of structures.
b. Types, diameters, slope and lengths of line.
c. Drainage sub-areas tributary to each structure.
d. Runoff coefficient per sub-area.
e. Time of concentration to structure.
f. Hydraulic gradient for the 25-year frequency storm
event.
g. Estimated receiving water (tailwater) elevations, with
sources of information, if available. [Ord. No. 4-90, §1, 25 Jan 90]
664.19 Maintenance and Inspection
A. Dedication. If a stormwater management system approved under
this Chapter is to function as an integral part of the City-maintained system,
as determined by the City Engineer, the facilities should be dedicated to the
City.
B. Maintenance by an Approved Entity
1. Acceptable Responsible Entities.
C. An acceptable responsible entity which agrees to operate and
maintain the surface water management system will be identified in the
permit application. The entity must be provided with sufficient ownership
rights that has control over all authorized management facilities. The
following entities are acceptable:
a.The City of Cape Canaveral.
ORDINANCE NO. 4-90
PAGE 10 OF 13
b. The St. John's River Water Management District, a drainage
district created by special act, or a Special Assessment District created pursuant
to Chapter 170 Florida Statutes.
c. A State or Federal agency.
d. An official public utility.
e , A property-owner or developer, subject to compliance with the
following provisions prior to issuance of a Certificate of Occupancy:
(1) Written proof that an acceptable entity ,as set forth in
paragraphs 1 through 4 above, will accept the operation/maintenance of the
system at a time certain in the future, and/or
(2) Submission of a bond or other assurance of continued
financial capability to operate and maintain the system.
f. For-profit or non-profit corporations including homeowners
associations, property-owners associations, condominium owners associations
or master associations, but only if:
(1) The owner or developer submits documents constituting
legal capacity and a binding legal obligation between the entity and the City to
affirmatively take responsibility for the operation and maintenance of the
stormwater management facility.
(2) The Association has sufficient powers to: operate and
maintain the system as permitted by the City; establish rules and regulations;
assess members; contract for services; exist perpetually, with the Articles of
Incorporation providing that if the Association is dissolved, the system will be
maintained by an entity as set forth in paragraphs 1 through 4 above; provide
a bond or other assurance of continued financial capacity to operate and
maintain the system.
2. Phased Projects
a. If a project will be phased, and subsequent phases will use the same
stormwater management facilities as the first phases, the
operation/maintenance entity shall have the ability to handle the future
phases.
b. In phased developments with an integrated stormwater management
system that employs independent operation/maintenance entities for
different phases, said entities, either individually or collectively, shall have
the responsibility and authority to serve the entire project. That authority
shall include cross easements for stormwater management as well as the
authority/ability of each entity to enter and maintain any facility should any
other entity fail to maintain any portion of the system.
3. Applicant as Acceptable Entity.
The applicant shall be an acceptable entity with responsibility for the
operation/maintenance of the system from the onset of construction until the
system is dedicated to and accepted by another acceptable entity.
C. Plan for Operation and Maintenance Program. The acceptable entity
must provide a plan for the operation and maintenance of the stormwater
management system to the City Building Official every five years. The entity
must also provide, prior to approval, legally-binding written documentation
stating that it accepts the operation and maintenance duties for all stormwater
management systems for which it is responsible.
D. Failure to Maintain Stormwater Management Systems. If the
responsible operation/maintenance entity fails to maintain a stormwater
management system, the City Building Official shall give the entity written
notice that corrective action should be taken. If the entity fails, within 30 days
from the date of the notice, to take the corrective action, the City may elect to
take the necessary corrective action and place a lien against the property to
recover the cost thereof.
ORDINANCE NO. 4-90
PAGE 11 OF 13
E. Inspections. The applicant shall arrange with the Building Official to
schedule the following inspections:
1. Erosion and Sediment Control Inspection: Conducted as deemed
necessary by the City during and after construction to ensure effective
control of erosion and sedimentation. Control measures shall be installed and
stabilized between any waters and any areas proposed to be cleared prior to
any land clearing activity.
2. Bury Inspections: Conducted when all work on the stormwater
management system facilities has been completed. A record drawing of the
system is required with sufficient information to show that the system is built
in accordance with the approved site plan and construction drawings as
certified by a registered Florida Professional Engineer. The inspecting official
shall either approve the work or disapprove it, in which case he shall give
written notification to the applicant indicating the nature of any deficiencies.
Any portion of the work which does not comply shall be corrected by the
permittee within the time frame deemed reasonable by the City Building
Official. Any failure to comply shall be subject to the penalty provisions of
Section 664.21. A fee for inspections shall be established by the City Council.
[Ord. No. 4-90, §1, 25 Jan 90]
664.21 ENFORCEMENT AND PENALTIES [illegible note]
A. If the Building Official determines that a project is not being carried
out in accordance with the approved plan, or if any project is being carried
out without a required permit, he is authorized to:
1. Issue written notice to the applicant specifying the nature and
location of the alleged non-compliance, including a description of necessary
remedial actions.
2. Issue a stop-work order directing the applicant or persons in
possession of the building permit to cease and desist all or any portion of the
work which violates the provisions of this Ordinance, until the remedial work
has been completed to the satisfaction of the Building Official. The applicant
shall then bring the project into compliance or be subject to a denial of the
Certificate of Occupancy for the project.
3. Any order pursuant to sub-paragraphs 1 or 2 above shall become
final unless the person named therein requests, in writing, by certified mail, a
hearing before the Building Official no later than ten working days after the
date such order is served. Failure to act in accordance with the order after
receipt of written notice shall be grounds for revocation of all City permits
issued for that project which would be affected by or would affect the
stormwater management system.
B. Any person who violates or causes to be violated any provision of
this Chapter or permits any such violation or fails to comply with any of the
requirements hereof shall be punished by a fine equivalent to the cost of
having complied with the regulations. Each calendar day when such violations
occur shall constitute a separate offense. In addition to any other remedies, the
violations of this Chapter may be restrained by injunction, and otherwise
abated in any manner provided for by law. [Ord. No. 4-90, §1, 25 Jan 90]
664.23 Variances.
Upon request by any person required to obtain a permit hereunder and where
it may be shown that an increase or decrease in the rate, volume, and quality
of surface runoff shall not be harmful to the water resources of the City, the
City Zoning Board of Adjustment may grant or deny a variance to this
Crrelinkic as provided in Section 645.25 of the Code of the City of Cape
Canaveral. City staff shall make recommendations on such matters within 30
days of notification. [Ord. No. 4-90, §1, 25 Jan 90]
[note saying STOP HERE] SECTION 2. Severability. If any section, paragraph, phrase or word of
this Ordinance for any reason is held to be unconstitutional or invalid, such
holding shall not affect the remaining portions hereof and it shall be
ORDINANCE NO. 4-90
PAGE 12 OF 13
construed to have been the legislative intent to pass his Ordinance without
such unconstitutional or invalid part..
SECTION 3. Repeal. All ordinance parts of ordinance in conflict
herewith are hereby repealed.
SECTION 4. Effective Date. This Ordinance shall take effect immediately
upon adoption.
ADOPTED BY the City Council of the City of Cape Canaveral, Florida this
25tr day of January 1990.
[signature]
Mayor
ATTEST:
[signature] NAME YES NO
City Clerk
ARABIAN YES
Approved as to Form: PORTER YES
[signature] RANDELS Absent
City Attorney SALAMONE YES
THURM YES
First Reading 1-11-90
Posted: 1-12-90
Advertised: 1-15-90
Second Reading: 1-25-90
ORDINANCE NO. 4-90
PAGE 13 OF 13